1. The applicant-Company has taken out Judges' Summons wherein the following prayers have been made:
"(A) Your Lordships may be pleased to direct the respondents jointly and/or severally to hand over the original title deeds of plot 104, GIDC Ind. Estate, Kerala, Taluka: Dholka, Dist. Ahmedabad - purchased by the Applicant in auction proceedings held by the OL and confirmed by this Hon'ble Court vide order dated 14.7.2011 passed in OLR No.83 of 2011;
(B) Your Lordships may be pleased to clarify that the exact area of plot 104, GIDC Ind. Estate, Kerala, Taluka: Dholka, Dist. Ahmedabad is not 11,088 sq. mtrs. as per the OL record and as mentioned in the public advertisement, but 9980 sq. mtrs. as per the copies of lease deed and other documents executed by GIDC in favour of the Company (in liquidation), photocopies whereof are provided by the OL to the Applicant along with his communication dated 27.12.2011;
(C) Pending the admission and final disposal of the present application, Your Lordships may be pleased to direct the respondents to hand over the original title deeds of plot 104, GIDC Ind. Estate, Kerala, Taluka: Dholka, Dist. Ahmedabad - purchased by the Applicant in auction proceedings held by the OL and confirmed by this Hon'ble Court vide order dated 14.7.2011 passed in OLR No.83 of 2011;
(D) Ex-parte ad-interim relief in terms of para (C) may kindly be granted;
(E) Be pleased to pass such other and further orders as may be deemed fit and proper in the interest of justice."
2. The brief factual background of the case is as follows:
2.1 By an order dated 09.05.2008 passed in Company Petition No.213 of 2007, this Court had ordered winding up of M/s. Magnus Rubbers Ind. Ltd. Company (in liquidation). Thereafter, the Official Liquidator (OL) attached to this Court had taken possession of the assets of the Company and the Sale Committee appointed by this Court had, thereafter, put the properties of the Company for sale, pursuant to order dated 03.09.2009 passed in Official Liquidator Report (OLR) No.93 of 2008. The applicant Company was the highest bidder at the auction. Having paid the entire amount of sale consideration to the Official Liquidator, the applicant had requested the Official Liquidator to hand over the possession of the property being Plot No.104, GIDC Ind. Estate, Kerala, Taluka: Dholka, District: Ahmedabad, admeasuring 11,088 sq. mtrs. with building structure, plant and machineries and all other movables, except the record of the Company (in liquidation). Thereafter, possession of the property was handed over by the applicant after drawing a panchnama on 01.09.2011. The applicant requested the Official Liquidator to deliver the original title deeds of the plot, including original lease deed, possession memo, allotment letter and/or any such other and further documents that may have been executed by GIDC in favour of the Company (in liquidation). It is the case of the applicant that when the documents provided by the Official Liquidator were handed over to it, it was discovered that the plot in question admeasures 9980 sq, mtrs., as mentioned in the public advertisement. Hence, the Judges' Summons.
3. The Official Liquidator has filed two reports dated 17.02.2012 and 08.06.2012, respectively. In the report dated 17.02.2012, it has been submitted that the original documents relating to the property in question are with the IDBI Bank (respondent No.2). On 07.03.2012, this Court issued notice to respondent No.2. Subsequent thereto, the original documents regarding the property in question have been handed over to the applicant, as recorded in order dated 18.04.2012. Therefore, the first prayer of the applicant has been satisfied.
4. Regarding the second prayer relating to the actual and correct measurement of the property in question, this Court had directed the Official Liquidator, by order dated 18.04.2012, to get the lands measured through the District Inspector Land Record ("DILR" for short) and to submit its report. In the report of the Official Liquidator dated 08.06.2012, it is stated that the plot in question was got measured by the DILR. The DILR has submitted a report on 05.06.2012, along with a map, to the Official Liquidator. As per the report of the DILR and the map attached thereto, the area of Plot No.104 is shown to be 9980 sq. mtrs. It is further stated in the report of the Official Liquidator that the discrepancy in the area mentioned in the notice has crept in on the basis of a valuation report submitted by M/s.Vardaan Projects Ltd. which is a panel valuer of Stressed Assets Stabilization Fund, a unit of IDBI Bank, Secured Creditor, on which basis the advertisement had been issued.
5. Having heard Mr.Nandish Y. Chudgar for Nanavati Associates on behalf of the applicant and Mr.Mr.J.S. Yadav, learned advocate for the Official Liquidator, and as there is no dispute regarding the measurement carried out by the DILR and the fact that the plot in question actually admeasures 9980 sq. mtrs., and not 11088 sq. mtrs., the remaining prayer made by the applicant also deserves to be granted.
6. Accordingly, it is directed that Plot No.104, GIDC, Kerala, Taluka: Dholka, District: Ahmedabad will be considered to admeasure 9908 sq. mtrs., for all intents and purposes.
The application is disposed of.
(Smt.
Abhilasha Kumari, J.) rakesh/ Top